1. Human Rights in Canada Filing a Human Rights Complaint
Chapter 5
Human Rights in Canada Filing a Human Rights Complaint

2. Basic Definitions Human rights: rights that protect people
from unfair treatment by other individuals
and governments
Discrimination: treating individuals
unfairly or differently because of
characteristics such as race, sex, religion, age, disability or sexual orientation

3. Prejudice & Stereotyping
Prejudice: a preconceived opinion of a
person based on that person belonging to
a certain group
Stereotyping: forming an opinion of one
person of a group and applying that
judgment to all members of that group
Although prejudice and stereotyping are not illegal, they often lead to acts of discrimination, which violate human rights laws and the Charter of Rights and Freedoms.

4. Discrimination
A person or party that claims they have been discriminated against is the complainant, and the person or party that allegedly acted in a discriminatory manner is the respondent.
There are various types of discrimination:
Intentional: treating others unfairly based on prejudicial factors such as race, religion, or gender
Unintentional: seemingly neutral or innocent actions that still discriminate against a particular group
Bona fide occupational requirement: a possible defence for employers against discrimination; they must prove that an act of apparent discrimination was necessary for a job (e.g. hiring only female counsellors in an abused women's shelter)

5. Human Rights Cases
In addition to the Canadian Human Rights Act and the Charter of Rights and Freedoms, there are provincial versions of human rights acts and rights tribunals throughout Canada.
How to Analyze a Human Rights Case
Is the matter a human rights issue?
Do federal or provincial human rights laws apply?
Is there discrimination evident?
Is there an attempt at providing reasonable accommodation?
Is there a remedy under human rights law?

6. Remedies
If a complainant is found to have been the victim of discrimination, there are a variety of remedies which they may receive as compensation:
$$$ (damages, lost wages, mental anguish)
Letter of apology
Employers may have to rehire employees, or establish anti-discrimination programs
If a respondent refuses to provide the compensation, they may face criminal charges and/or fines.
Tribunals have legal authority to impose remedies (like courts).